Frequently Asked Questions

about Land Trusts and Conservation Easements

What exactly IS a conservation easement?​

A conservation easement (or C.E.) is a legal agreement between a land owner and a qualified organization, such as a land trust or government agency, which places permanent conservation-based restrictions on a deed. These agreements are voluntary, and allow you as a landowner to protect or preserve certain aspects of your own land. Blue Mountains Conservancy is a 501(c)(3) non-profit land trust qualified to hold easements.

What's an example of a conservation easement, or C.E.?

An example of a C.E. goes something like this: Farmer Dan owns 100 acres of working ranch land which has been in his family for 3 generations. There is a creek running through his property which has been carefully protected from the impact of cattle since his grandfather's time. Farmer Dan wants to make sure that when he gives his land to his children or sells his land to a private owner, the creek and the surrounding riparian habitat will continue to be protected. Farmer Dan calls us here at the Conservancy and we help him place a conservation easement (C.E.) on his property, ensuring that the creek will indeed be protected in perpetuity (i.e. forever).

So the land owner can still sell the property or pass it down to family members or other beneficiaries?

Absolutely. While a conservation easement (CE) might impact the monetary value of the property, it does not change the private ownership of the property or restrict future sale or inheritance.

Who decides what exactly the conservation easement says?

The land owner decides, in cooperation with the land trust and any C.E. funders (if it is a purchased C.E.). Each easement agreement is written specifically to address the needs and desires of the owner and to meet the conservation objectives of the owner and the land trust. The land owner retains ownership of the land and continues to be responsible for payment of property taxes, liability insurance, control of noxious weeds, and any other fees associated with land ownership. The land owner may continue to to live on, farm on, ranch on, or harvest timber for their land, as long as these practices are consistent with the land-use agreements that are outlined in the easement deed.

​How much can I get paid for an easement?

Well, that depends. It seems that most of us know somebody who knows somebody whose cousin sold an easement for $1,000.000. While easements sometimes do sell for a large sum of money, it is the exception rather than the rule. When a C.E. is purchased (as opposed to donated), the funding comes from some combination of Federal Agencies, State Agencies, and Private Foundations or Donors with specific outcome goals. These outcome goals are usually related to a critical habitat type or an immediate threat of development or both. So, while your property may be a gorgeous parcel of land, it may not meet all the criteria required to sell an easement. Checking with your local land trust and Farm Agency is a good starting point to determine the potential of a purchased easement.

Can an easement allow for some development?

﻿Yes. Depending on the needs and wishes of the land owner, a conservation easement might only apply to a particular portion of the land (such as Farmer Dan's creek in the example above) while permitting development of the remainder. Or Farmer Dan could continue with riparian rehabilitation within the limits defined by the C.E.'s Management Plan.

Does a CE reduce the monetary value of the property?

​A C.E. generally reduces the market value of a property by reducing its development potential. This reduction in value allows families to reduce inheritance taxes and potentially enables heirs to retain property that would otherwise have to be sold to pay these taxes.

Furthermore, conservation easements can often qualify as a charitable gift and may be deductible for federal income tax purposes. The value of the gift must be established by a formal appraisal and equals the difference between the fair market value of the property assessed before and after donation of the C.E.

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Is Blue Mountains Conservancy the only local land trust operating in Union and Baker Counties?

Yes and no. The Conservancy is the only land trust headquartered in the area which we serve. However, you DO have choices when it comes to which land trust you would like to use when placing a C.E. on your property. Please contact us for more information on how to find the right land trust for your needs.

Where can I go to ask more questions about placing a C.E. on my property?

Feel free to contact us! We will do the best we can answering your questions or pointing you in the direction of someone who can.

Special thanks to Meyer Memorial Trust for printing the below brochure